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Terms & conditions

Index:

Article 1 – Definition and Interpretation
Article 2 - Identity of the supplier
Article 3 – Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 – Right of withdrawal
Article 7 - Applied charges in case of withdrawal
Article 8 - Right of withdrawal exemptions
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Extended transactions: duration, cancellation and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Dispute Resolution
Article 16 - Additional or different terms

 

Article 1 - Definition and Interpretation

In these Terms and Conditions the following words shall have the following meanings:

  1. Cooling-off period: the period of time the consumer has the lawful right to cancel the agreement;
  2. Customer: The legal person who is not handling on behalf of their profession or a company and enters a distance agreement with the merchant;
  3. Day: Calender day;
  4. Extended transaction: a distance agreement concerning a series of products and/or services, of which the delivery- and/or purchase commitment is spread out over a certain period of time;
  5. Sustainable data carrier: every method the consumer or supplier uses to save information personal to them, in order to allow future reference to- and unchanged reproduction of the information;
  6. Right of withdrawal: a consumer’s right to cancel the distance agreement within the cooling-off period;
  7. Supplier: the legal person person who offers products and/or services to consumers under a distance agreement;
  8. Distance agreement: an agreement where the supplier uses an organised system for distance selling of products and/or services, which solely uses one or more techniques for distance communication until the completion of the agreement;
  9. Method of long distance communication: device or method used to finalise an agreement, without requiring the consumer and the supplier to be in the same room at the same time;

 

Article 2 - Identity of the supplier

Name of supplier: Saint Basics BV
acting under the name/names: Saint Basics

Location- & visiting address:

Zeestraat 84
2518 AD The Hague
The Netherlands

Telephone: +31 85 3030954
Availability: Monday - Friday 9:00 - 18:00
E-mail address: contact@saintbasics.com

Chamber of Commerce Number:  30264620
VAT identification Number:  NL820913935B01
 

 

Article 3 - Applicability

  1. These terms and condition are applicable to every offer from the supplier and every agreement established between the consumer and the supplier.
  2. Before finalising a distance agreement, the terms and conditions will be made readily available to the consumer. If this is not possible within reason, the consumer will be informed that the terms and conditions are available with the supplier, and they will be sent to the consumer free of charge as soon as possible before finalising the distance agreement.
  3. If the distance agreement is finalised electronically, if it differentiates from the previous and before the distance agreement is finalised, the terms and conditions can be made available to the consumer electronically so the consumer can easily save these on a sustainable data carrier. If this is not possible within reason, there will be a notification of where to find them electronically and that they will be sent to the consumer upon request either electronically or otherwise, before finalising the distance agreement.
  4. If specific terms and conditions besides the ones displayed here are applicable to a certain product-or service, the second and third sections are applicable and in case of contradictory terms and conditions the consumer has the right to call on the most favourable terms for them.

 

Article 4 – The offer

  1. If an offer has a limited timescale or has differing terms and conditions, this will be clearly mentioned in the description.
  2. The offer contains a full and detailed description of the offered products and/or services. The description is adequately detailed to give the consumer the best possible judgement of the offer. If the supplier uses images these will give an accurate display of the offered products and/or services. Any apparent misjudgements or mistakes in the offer do not legally bind the supplier.
  3. Every offer contains adequate information to inform the consumer of their rights and responsibilities related to the offer. This particularly relates to:
    • the price including tax;
    • any potential cost of delivery;
    • the manner in which the agreement comes to be and any methods necessary in order to do so;
    • the potential application of the costumers right of withdrawal;
    • the payment method, delivery and execution of the agreement;
    • the term of acceptance of the offer, or the term within which the supplier guarantees the price;
    • the cost of distance communication if the cost of use of the method of distance communication is calculated on different grounds than the standard tariff for the used method of communication;
    • If the agreement is archived after completion, and if so the manner in which the consumer can access them;
    • the manner in which the consumer, before finalising the agreement, can review and edit the information provided by them in relation to the agreement;
    • the potentially varying languages besides Dutch in which the agreement can be made;
    • the codes of conduct the supplier has agreed to and the manner in which the consumer can call on those codes of conduct electronically;
    • the minimal duration of the distance agreement in case of an extended transaction.

 

Article 5 – The agreement

  1. The agreement is binding, subject to the provisions in section 4, from the time of acceptance of the offer by the consumer and compliance to the related terms and conditions.
  2. If the consumer has accepted the offer electronically, the supplier automatically confirms the receival and acceptance of the offer electronically. As long as the receival of the offer has not been confirmed by the supplier, the consumer is not legally bound to the agreement.
  3. If the agreement has been established electronically, the supplier takes suitable technical and organisational measures in order to protect the electronic transfer of data and provides a safe online environment. If it is possible for the consumer to pay electronically, the supplier will take suitable safety measures for the transaction.
  4. The supplier can – within legal boundaries – inform himself of the consumers capability to comply with their payment responsibilities, along with all facts and factors of importance to enter the distance agreement responsibly. If based on this research the supplier has good reasons not to enter the agreement, he is legally justified to refuse an order or request or add appropriate terms and conditions to the agreement.
  5. Upon agreement to the sale of a product or service, either in written form or in a way the consumer has good access too and can easily store the information on a sustainable data carrier, the supplier will provide the consumer with the following information:
    • the visiting address of the supplier’s establishment where the consumer can send any complaints;
    • the terms and conditions available to the consumer to apply their right of withdrawal, or a clear notification of the exclusion of the consumer’s right of withdrawal;
    • the information about guarantees and existing service after purchase;
    • the information taken in article 4 section 3 of these terms and conditions, unless the supplier has already supplied this information to the consumer before the execution of an agreement;
    • the necessities for cancellation of the agreement if the agreement has a duration of more than one year or the duration is undetermined;
  6. In case of an extended transaction the notion of the previous section is only applicable to the first delivery.

 

Article 6 - Right of withdrawal

  1. Upon purchase of products the consumer has the right to cancel the agreement without giving any reason within 14 days. This cooling-off period starts the day after receival of the product by the consumer, or a representative appointed by the consumer that has been announced to the supplier prior to the agreement.
  2. During the cooling-off period the consumer will handle the product and packaging responsibly and with care. The consumer will only unpack or use the product to the extent necessary for them to judge whether or not they wish to keep the product. If the consumer uses their right of withdrawal, they will return the product with any extras included and - if possible within reason - return the packaging to the supplier in it’s original state, according to the reasonable and clear instructions provided by the supplier.

 

Article 7 - Applied charges in case of withdrawal

  1. If the consumer uses their right of withdrawal, only the costs of the return shipping fees will be charged to the consumers account.
  2. If the consumer has paid for a product or service, the supplier will refund this amount as soon as possible, after no more than 14 days of return or withdrawal.

 

Article 8 - Right of withdrawal exemptions

  1. The supplier can exempt the consumers right of withdrawal as stated in section 2 and 3. The exemption of the right of withdrawal is only valid if the supplier has clearly stated this in the offer or has notified the consumer prior to the agreement.
  2. Exemption of the right of withdrawal is only possible if products:
    • have been made by the supplier according to the consumer’s specifications;
    • are clearly of a personal nature;
    • cannot be returned due to their nature;
    • can age or rot quickly;
    • if the price is bound to fluctuations of the financial market that the supplier has no control over;
    • are loose newspapers and magazines;
    • are audio- and video-recordings and computer software the consumer has broken the seal of.

 

Article 9 – The price

  1. During the stated period of validity of the offer prices of the offered products and/or services will not be raised, barring price changes as a result of changes in tax tariffs.
  2. In deviation of the previous section the supplier can offer variable prices on products or services that are bound to fluctuations on the financial market over which the supplier has no control. This relation to fluctuations and the fact that any potentially stated prices are guide prices will be stated in the offer.
  3. Price rises within 3 months after the start of the agreement are only permitted if they are the result of changes in legislation or statutory provisions.
  4. Price rises from 3 months onwards after the start of the agreement are only permitted if the supplier has stipulated this and:
    • they are the result of changes in legislation or statutory provisions; or
    • the consumer has the right to cancel the agreement starting the day of the price rise.
  5. The prices of the products or services offered are including tax.

 

Article 10 - Conformity and warranty

  1. The supplier warrants that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable demands of reliability and/or usability and the existing statutory provisions and/or government regulations on the date of the start of the agreement. If agreed the supplier warrants the product is suitable for uses other than normally indicated.
  2. A warranty provided by the supplier, manufacturer or importer does not affect the legal rights and claims the consumer can assert against the supplier on grounds of the agreement.

 

Article 11 - Delivery and execution

  1. The supplier will take great care in receiving and executing orders of products and in judgement of requests for services.
  2. The place of delivery will be the address the consumer has supplied to the company.
  3. With consideration of that stated in article 4 of these terms and conditions, the company will execute accepted orders swiftly and responsibly in no more than 30 days, unless an extended term of delivery has been agreed. If the delivery is delayed, or an order can only be partially executed, the consumer will receive a message in no more than 30 days after placing the order. In this case the consumer has the right of withdrawal free of charge and the right to compensation for potential damage.
  4. In case of withdrawal in accordance with the previous section the supplier will refund the amount paid by the consumer as soon as possible, and in no more than 14 days.
  5. If delivery of an ordered product is deemed impossible, the supplier will make an effort to provide a replacement product. The consumer will be informed they are receiving a replacement product in a clear and concise manner no later than upon delivery. The right of withdrawal can not be excluded on a replacement product. The cost of potential return shipping fees are the responsibility of the supplier.
  6. The risk of damage and/or loss of products is the responsibility of the supplier until the moment of delivery to the consumer, or a previously appointed representative, unless clearly agreed otherwise.

 

Article 12 - Extended transactions: duration, cancellation and extension

  1. The consumer can terminate an agreement that has an undetermined duration at any time taking into consideration the agreed termination rules and a notice period of maximum one month.
  2. An agreement made for an undetermined period of time has a run-time of two years maximum. If there is a prior agreement that the distance agreement will be extended if there is no response from the consumer, the agreement will be continued as an agreement of indefinite duration, and after continuation of the agreement the notice period for cancellation will be no more than one month.

 

Article 13 - Payment

  1. Unless agreed otherwise, the consumer has 14 days after the start of the cooling-off period to pay the amount owed to the company as stated in article 6 section 1. In case of an agreement to extend a service, this time period starts after the consumer has received confirmation of the agreement.
  2. Upon sale of products to consumers, in general terms and conditions a pre-payment of more than 50% may never be stipulated. When a pre-payment is stipulated, the consumer can not claim any rights concerning the execution of the relevant order or service(s) before completion of the stipulated pre-payment.
  3. The consumer has the responsibility to immediately report any inaccuracies in supplied or specified payment details to the supplier.
  4. In case of non-payment by the consumer the supplier has the right, according to legal restrictions, to charge any reasonable charges made known in advance to the consumer.

 

Article 14 - Complaints procedure

  1. The supplier has a sufficiently disclosed complaints procedure and handles complaints according to this procedure.
  2. Complaints about the execution of the agreement have to be handed to the supplier with a complete and clear description of the complaint, within a reasonable time after the consumer has detected the defects.
  3. Complaints received by the supplier will be answered within 14 days of receival. If a complaint clearly needs a longer processing time, the supplier will respond within 14 days of receival with a message of receival and an indication of when the consumer can expect a more detailed answer.

 

Article 15 – Dispute resolution

  1. Upon agreement between the supplier and the consumer to which these terms and conditions refer, only Dutch law is applicable.
  2. If an extraordinary dispute takes place which can not be resolved in private, then this dispute must be presented to a Dutch judge or a mutually appointed mediator.

 

Article 16 - Additional or different terms

  1. Additional or different terms from these general terms and conditions must not be a disadvantage to the consumer and should be recorded in writing or in such a way the consumer can easily access and save this information on a sustainable data carrier.

 

The Hague, 1 January 2018,
Saint Basics BV